Rapport intérimaire - Rapport No. 321, Juin 2000

Cas no 1888 (Ethiopie) - Date de la plainte: 06-JUIN -96 - Clos

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INTRODUCTION
A. Previous examination of the case
B. New allegations and additional information
C. The Committee's conclusions
The Committee's recommendations
Z. ANNEX

Allegations: Death, detention and discrimination of trade unionists, interference in the internal administration of a trade union

220. The Committee previously examined the substance of this case at its November 1997, June 1998 and June 1999 meetings, presenting an interim report to the Governing Body in all these instances (308th Report, paras. 327-347; 310th Report, paras. 368-392; 316th Report, paras. 465-504).
221. Since the most recent examination of this case, Education International has submitted new allegations and additional information in a communication dated 25 November 1999. The Government submitted its reply in a communication dated 16 May 2000.
222. Whilst the Government had announced in communications, dated 29 October 1999 and 17 March 2000, that it would provide full information on this case, it has done so too late to allow the Committee to take that reply into account. In the absence of a reply from the Government, the Committee postponed the examination of this case on two occasions. At its March 2000 meeting [see 320th Report, para. 9], the Committee addressed an urgent appeal to the Government, drawing its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it might present a report on the substance of this case at its next meeting if the Government's information and observations were not received in due time.
223. Ethiopia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

224. During the course of its previous examinations of this case, the Committee addressed very serious allegations of violations of freedom of association, in particular the Government's refusal to continue to recognize the Ethiopian Teachers' Association (ETA), the freezing of its assets and the killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials. The Committee expressed its grave concern due to the extreme seriousness of the case and urged the Government to cooperate in furnishing the Committee with a detailed response to all the questions posed by the Committee.
225. At its June 1999 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
- (a) The Committee requests the Government to provide information concerning any appeal lodged with respect to the leadership of the ETA, and to forward any relevant orders or judgements in this regard. The Committee would also request the Government to provide information concerning its role with respect to ETA prior to the 1994 court decision. The Committee would also appreciate receiving any other information from either the Government or the complainant that could shed light on this matter.
- (b) The Committee requests the Government to provide information as to its involvement in the freezing of ETA's assets prior to the June 1998 court order, and with respect to the delay between the judgement unfreezing ETA's bank account and the order transmitting this decision to the relevant bank. The Committee also requests the Government to provide information concerning the allegation that the Government has informed tenants in the ETA building to submit their rent payments to the Government.
- (c) The Committee urges the Government to respond to the specific allegations concerning the occupation and sealing of ETA premises, and the closing by security forces of an ETA/EI workshop.
- (d) With respect to Dr. Taye Woldesmiate, the Committee urges the Government to provide information as to his first arrest in May 1995, when the charges were laid and the facts upon which the arrest and charges were based.
- (e) The Committee, deploring the fact that Dr. Woldesmiate was detained for two months before charges were laid and that he has remained in detention since May 1996 (that is, for three years) without being brought to trial, strongly urges the Government to take the measures necessary to secure his immediate release. The Committee requests the Government to inform it of action taken in this regard.
- (f) On the issue of the harassment and detention of ETA leaders and members, the Committee, deeply regretting that the Government has provided a reply of a general nature to allegations that were very specific, must once again urgently request the Government to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention, and the legal process that was followed and any decisions or orders arising therefrom.
- (g) The Committee urges the Government to take the necessary measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
- (h) Concerning the dismissal of ETA members and leaders (see Annex 1), the Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard.
- (i) The Committee, deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, once again strongly urges the Government to ensure that an independent judicial inquiry is carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
- (j) The Committee reiterates its request that the Government consult with ETA on the unilateral introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard. The Committee also requests the Government to reply to the new allegation that the Government has refused ETA's attempts to establish a constructive working relationship with the Government.

B. New allegations and additional information

226. In its communication of 25 November 1999, Education International indicates that after a trial which lasted three years, with frequent adjournments and deferrals, ETA's President, Dr. Taye Woldesmiate, was found guilty of conspiring to overthrow the State and was sentenced to 15 years in jail in June 1999. The complainants reject this decision as outrageous, unjust and contrary to the evidence available to the court. Although no written copy of the decision is available, other evidence available suggests a number of serious failings in the handling of Dr. Taye Woldesmiate's case, including: the use of torture to extract witness testimony; denying Dr. Taye Woldesmiate proper access to his lawyer to prepare the case; changes of judges throughout the proceedings; references, during the sentencing, to charges that had been dismissed earlier. There are also serious questions about the independence of the judiciary in Ethiopia, the extent of government interference in the process and pressures on individual judges.
227. According to the complainants, other actions taken against the ETA suggest that the accusations of terrorism against Dr. Taye Woldesmiate and other ETA leaders have been made simply to disguise the real agenda, which is to crush an independent and democratic teachers' organization that has questioned some aspects of the Government's education policy and has put forward the legitimate claims of its members. These actions include the following: the ETA was refused permission to hold professional workshops in four regions in August 1999; the government-supported organization has initiated further legal action against the ETA, which has however challenged this action, while other Court decisions are still awaited; ETA's property in Addis Ababa has been seized and tenants in the building instructed to pay their rents to the government-supported organization.
228. The Committee further notes that, contrary to what had been reported earlier, and reflected in its 316th Report, Mr. Mulatu Mekonnen, has not actually been reinstated. He was actually dismissed in July 1993 from his position as teacher in a public school and never reinstated there; instead, he found a job as teacher in a private school.

C. The Committee's conclusions

229. The Committee deplores the fact that, despite the time which has elapsed since the last examination of this case and bearing in mind the extreme gravity of the facts alleged, the Government has not provided in due time the comments and information requested by the Committee, although it was invited to send its reply on several occasions, including by means of an urgent appeal at its March 2000 session.
230. In these circumstances, and in accordance with the applicable rule of procedure (see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee is obliged to submit a report on the substance of this case in the absence of the information it had hoped to receive in due time from the Government. The Committee reminds the Government firstly that the purpose of the procedure instituted by the International Labour Organization to examine allegations concerning violations of freedom of association is to ensure respect for trade union rights in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies concerning the substance of the allegations brought against them (see First Report of the Committee, para. 31).
231. The Committee recalls once again that this case addresses very serious allegations of violations of freedom of association, in particular, government interference with the functioning of ETA, and killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials. The Committee also emphasizes that the trade union situation in Ethiopia in general, and the teachers and ETA case in particular, have been discussed during two consecutive years by the tripartite Conference Committee on the Application of Standards (see ILC, 1998, Provisional Record No. 18, pp. 91-93; ILC, 1999, Provisional Record No. 23, pp. 109-112) which attests to the seriousness of this situation. The Committee also refers to the last comments made by the Committee of Experts on the wider legal context of this case (see ILC, 88th Session, 2000, Report of the Committee of Experts on the Application of Conventions and Recommendations, pp. 175-76).
232. Regarding the case of ETA's president, the Committee is deeply concerned that Dr. Taye Woldesmiate was found guilty of conspiring to overthrow the State and has been sentenced to 15 years in jail. Whilst deploring that it has not been provided with the text of the judgement, the Committee notes from the information provided by the complainants that there exist serious misgivings as to the regularity of the trial and of the proceedings leading to it, including that torture was allegedly used to extract testimony from witnesses, that Dr. Taye Woldesmiate was denied proper access to his lawyer to prepare his case, that there were unexplained changes of judges during the proceedings, and that references were made during sentencing to charges which had been dismissed earlier.
233. The Committee recalls once again that while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists (see Digest of decisions and principles of the Committee on Freedom of Association, 1996, 4th edition, para. 83). In addition, trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority (see Digest, op. cit., para. 102). On the basis of available information, and taking into account that, before his trial and judgement, Dr. Taye Woldesmiate has been detained for over three years (he had been initially arrested in May 1995, and has been detained since May 1996) in very difficult conditions, the Committee concludes that Dr. Taye Woldesmiate did not get the benefit of due process in the circumstances. The Committee urges the Government to provide without delay the text of the judgement issued against Dr. Taye Woldesmiate, including the precise reasons why he was brought to trial as well as the evidence on which he was convicted, to indicate whether any appeal has been lodged against the sentence, and to keep it informed on developments in the situation of Dr. Taye Woldesmiate, in particular as regards any measures taken to release him.
234. The Committee will examine on their merits the other aspects of the complaint, on the basis of the most recent allegations and of the Government's reply of 16 May, as well as any further communication from the Government. The Committee wishes to recall a few fundamental rights and principles regarding freedom of association: workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing; they should have the right to elect their representatives in full freedom, to organize their activities and to formulate their programmes; the public authorities should refrain from any interference which restricts these rights or impede their lawful exercise. Furthermore, workers should enjoy adequate protection against acts of anti-union discrimination. Noting with serious concern that these conditions did not exist at the time in Ethiopia, the Committee recalls that it is incumbent upon the Government to ensure that these rights and principles are respected, in law and in practice.
235. The Committee therefore urges the Government, once again to provide precise information on all the allegations pending. This information, including the information contained in its reply of 16 May, should cover all the following points:
- -- any appeal lodged with respect to the leadership of the ETA, and any relevant orders or judgements in this regard; its role with respect to ETA prior to the 1994 court decision;
- -- its involvement in the freezing of ETA's assets prior to the June 1998 court order, and with respect to the delay between the judgement unfreezing ETA's bank account and the order transmitting this decision to the relevant bank; the allegation that the Government has informed tenants in the ETA building to submit their rent payments to the Government;
- -- the specific allegations concerning the occupation and sealing of ETA premises, and the closing by security forces of an ETA/EI workshop;
- -- on the issue of the harassment and detention of ETA leaders and members, to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention and the legal process that was followed and any decisions or orders arising therefrom;
- -- measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn, and to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities;
- -- concerning the dismissal of ETA members and leaders (see Annex 1), the Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard;
- -- deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, the Committee once again strongly urges the Government to ensure that an independent judicial inquiry be carried out immediately to determine the facts, establish responsibility and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry;
- -- the Committee further reiterates its request that the Government consult with ETA on the unilateral introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard. The Committee also requests the Government to reply to the allegation that the Government has refused ETA's attempts to establish a constructive working relationship with the Government.

The Committee's recommendations

236. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following conclusions:
- (a) Noting with deep concern that Dr. Taye Woldesmiate did not get the benefit of due process, the Committee urges the Government to provide it without delay with the text of the judgement issued against him, including the precise reasons why he was brought to trial as well as the evidence on which he was convicted, to indicate whether any appeal has been lodged against the sentence, and to keep it informed on developments in his situation, in particular as regards any measures taken to release him.
- (b) The Committee urges the Government, once again, to provide precise information on all the allegations pending. This information should cover all the following points:
- (i) any appeal lodged with respect to the leadership of the ETA and any relevant orders or judgements in this regard; to provide information concerning its role with respect to ETA prior to the 1994 court decision;
- (ii) its involvement in the freezing of ETA's assets prior to the June 1998 court order, and with respect to the delay between the judgement unfreezing ETA's bank account and the order transmitting this decision to the relevant bank; the allegation that the Government has informed tenants in the ETA building to submit their rent payments to the Government;
- (iii) the specific allegations concerning the occupation and sealing of ETA premises, and the closing by security forces of an ETA/EI workshop;
- (iv) on the issue of the harassment and detention of ETA leaders and members, to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention, and the legal process that was followed and any decisions or orders arising therefrom.
- (c) The Committee urges the Government once again to take the necessary measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn, and to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
- (d) Concerning the dismissal of ETA members and leaders (see Annex 1), the Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard.
- (e) Deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, the Committee once again strongly urges the Government to ensure that an independent judicial inquiry be carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
- (f) The Committee reiterates its request that the Government consult with ETA on the unilateral introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard.
- (g) The Committee reiterates its request that the Government reply to the allegation that it refused ETA's attempts to establish a constructive working relationship with it.

Z. ANNEX

Members of ETA purportedly dismissed
Mulugheta W/Quirqos
Ghebayaw Niguse
Ketema Belachew
Ghetachew Feysia
Mesfin Mengistu
Asrat Woldeyes
Ayke Asfaw
Taye Mekuria
Yohanns Tola
Alemayehu Tefera
Alemayehu Melake
Alemayehu Haile
Abeta Anghure
Worku Tefera
Sira Bizu
Mekonnen Bishaw
Eyassu Albezo
Befekadu Degifie
Eshato Denege
Ayele Terfie
Tesegaye Hunde
Alemayehu Haile
Taye W/Semayat
Tsehay B. Sellassie
Ghemoraw Kasa
Assefaw Desta
Shimellis Zewde
Messay Kebede
Adinew Ghetanhun
Taddese Beyene
Aweqe Mulugheta
Seifu Metaferia
Aseffa Maru
Tesfaye Shewaye
Abate Anghure
Negatu Tesfaye
Hailu Araya
Aynalem Ashebir
Admassu Wassie
Berhanu Bankashie
Sebhat M/Hazen
Lealem Berhanu
Mekonnen Dilgassa
Huluanten Abate
Solomon Terfa
Mekuria Asffa
Tamiru Hawando
Feleke Desta
Fesseha Zewdie
Solomon Wondwossen
Dawit Zewdie
Shiferaw Agonafir
Ayele Tarekegn
Zerihun Teshome
Fekade Shewakena
Mendaralew Zewdie
Akilu Taddese
Meskerem Abebe
ETA Executive Committee members and regional officers, purportedly dismissed
Dr. Taye Woldesmiate - President of ETA since April 1993
Mr. Abate Angorie, Members Afffairs Officer since January 1993, Addis Ababa,
March 1993
Mr. Gemoraw Kassa, Secretary General of ETA, since July 1993, Addis Ababa
Mr. Shimelis Zawdie, Assistant Secretary General of ETA, since July 1993,
Addis Ababa
Mr. Adinew Getahun, Administrative and Finance Officer, since July 1993, Addis
Ababa
Mr. Awoke Mulugeta, Humanitarian Services and Supplies Officer, since July
1. 1993, Addis Ababa
Mr. Asefa Maru, Cooperative Services Officer, since July 1993, Addis Ababa
Mr. Mulatu Mekonnen, Art and Research Department Officer, since July 1993,
Addis Ababa
Mr. Muhammed Umer, South Wollo, February 1994
Mr. Fekadu Negash, South Gonder, June 1994
Mr. Alula Abegaz, North Wollo, September 1994
Annex 2
Members of ETA alleged to have been repeatedly detained for their active
participation in ETA
Ato Gennene H/Silasie
Ato Nikodmos Aramdie
Ato Moges Taddese
Ato Ambachew W/Tsadik
Ato Ashenafi Legebo
Ato Demeke Seifu
Ato Mohammed Ussien
Ato Wondimu Bekele
Ato Yibellae
Ato Sollomon Tesfaye
Ato Endalkachew Molla
Ato Zewdu Teshome
Ato Mohamed Umer
Ato Girma Tolossa
Ato Mekonnen Dawud
Ato Gemoraw Kassa
Ato Wogayehu Tessema
Ato Adinew Getahun
Ato Wollee Ahmed
Ato Shimelis Zewdie
Ato Yimam Ahmed
Ato Getachew Feyisa
Ato Sollomon H/Silsie
Ato Gebayaw Nigusie
Ato Sisay Mitiku
Ato Assefa Maru
Ato Limenih Nienie
Ato Ashenafi Mengistu
Ato Getinet Asnake
Ato Kebede Aga
Ato Befikadu Firdie
Ato Wubie Zewdie
Ato Baye Abera
Ato Asfaw Tessema
Ato Desta Titto
Ato Abate Angorie
Ato Woreyelew Demissie
Ato Ashetu Deneke
Ato Desie Keffele
Ato Bekele Mengistu
Ato Tarekegn Terefe
Ato Kinfie Abate
Ato G/Hiywot Gebru
Ato Tomas Egzikuret
Ato Fekade Nidda
Ato Sollmon Girma
Ato Mulugeta W/Kiros
Ato Fereja Feleke
Ato Mohamed Seid
Ato Demissie Tesfaye Haile
Ato Wondafrash Millon
Ato Gizachew Balcha
Ato Melessie Taye
W/t S/Wongel Belachew
Ato Ali Mengesha
Ato Yigzaw Mekonnen
Ato Getaneh Abebe
Ato Fekadu Negash
Ato Merkebu Taddesie
Ato Tesfaye Daba
Ato Mudisu Yasin
Ato Diana Kefeni
Ato Bekele Abay
Ato Berrecha Kumssa
Ato Hailu Derso
W/ro W/Yesus Mengesha
Ato Keteme Belachew
Ato Tamirat Daba
Ato Mesfin Mengistu
Ato Futa Sori
Ato Alemayehu Melake
Ato Legesse Lechissa
Ato Yohannes Tolla
Ato Admasu W/Yesus
Ato Aykie Asfaw
Ato Abbie Dessalegn
Ato Alemu W/Silasie
Ato Shukie Dessalegn
Ato Fikru Melka
W/ro Tewabech H/Michael
Ato Workneh Dinssa
Dr. Taye W/Semiat
Ato Assefa Geleta
Ato Alemu Desta Ketema